Massachusetts General Laws
Chapter 40c - Historic Districts
Section 12a - Appeal to Superior Court

Section 12A. Any person aggrieved by a determination of the commission, or by the finding of a person or persons making a review, if the provisions of section twelve are included in a local ordinance or by-law, may, within twenty days after the filing of the notice of such determination or such finding with the city or town clerk, appeal to the superior court sitting in equity for the county in which the city or town is situated. The court shall hear all pertinent evidence and shall annul the determination of the commission if it finds the decision of the commission to be unsupported by the evidence or to exceed the authority of the commission, or may remand the case for further action by the commission or make such other decree as justice and equity may require. The remedy provided by this section shall be exclusive but the parties shall have all rights of appeal and exception as in other equity cases. Costs shall not be allowed against the commission unless it shall appear to the court that the commission acted with gross negligence, in bad faith or with malice in the matter from which the appeal was taken. Costs shall not be allowed against the party appealing from such determination of the commission unless it shall appear to the court that such party acted in bad faith or with malice in making the appeal to the court.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title VII - Cities, Towns and Districts

Chapter 40c - Historic Districts

Section 1 - Citation

Section 2 - Purpose

Section 3 - Establishment of Historic Districts; Pre-Requisites; Enlargement or Reduction of Boundaries; Amendment of Creating Ordinance; Filing of Maps

Section 4 - Study Committees; Commissions; Establishment; Membership; Terms; Vacancies; Compensation; Officers

Section 5 - Definitions

Section 6 - Certificates of Appropriateness, Non-Applicability or Hardship; Necessity; Applications and Plans, etc.; Building and Demolition Permits Restricted

Section 7 - Factors to Be Considered by Commission

Section 8 - Review Authority of Commission Over Certain Categories of Buildings, Structures or Exterior Architectural Features Limited; Authorization

Section 9 - Maintenance, Repair or Replacement.

Section 10 - Additional Powers, Functions and Duties of Commission

Section 11 - Approval or Disapproval of Exterior Architectural Features by Commission; Meetings; Applications for Certificates; Public Hearings; Notices

Section 12 - Review Procedure Provided by Local Ordinance or By-Law

Section 12a - Appeal to Superior Court

Section 13 - Jurisdiction of Superior Court; Penalty

Section 14 - Powers and Duties of Commissions Established as Historical Commissions

Section 15 - Filing of Ordinances, Maps, Reports, Etc.

Section 16 - Special Historic Districts; Acceptance and Effect of This Chapter

Section 17 - Severability